Legal Opinion

Terry v. State Mutual Life Insurance

Supreme Court of South Carolina

Decided November 7, 1911No. 8028PublishedCited by 10 opinions

Before Prince, J;, Hampton, March, 1911. Action by C. S. Terry against State Mutual Life Insurance Company of Rome, Ga. Defendant appeals. cites: Failure to pay premium caused policy to lapse: 28 N. J. Eq. 167; 177 Fed. 482; 81 Ind. 300; 24 Mich. 268; 93 U. S. 24. Relation of insured to Mutual Co.: 49 S. C. 402; 62 S. C. 192. Effect of report of referee: 1 Strob. Bq. 272; 6 Ricli. Eq. 313, 320; 20 S. C. 295. Interest is not recoverable under pleadings here: 47 S. C. 176.

1Opinion of the Court

The opinion of the Court was delivered by

Mr. Chiee Justice Jones.

On November 28, 1905, the defendant company issued to Wm. Bartlett Terry a policy of insurance for one thousand dollars payable on his death to his mother, the plaintiff, if then living. The first annual premium of $16.32 was paid which carried the contract up to November 28, 1906. The insured was- notified that the second annual premium would be due on November 28, 1906, and that he had to his credit in the hands of the defendant a dividend amounting to $2.45 which was applicable to the payment of the premium for the…

2Cited by10 opinions

  1. Equitable Life Assurance Society of the United States v. PettidArizona Supreme Court · 1932
  2. Metropolitan Life Insurance v. SmithCourt of Appeals of Georgia · 1934
  3. Weinstein v. Mutual Trust Life InsuranceSupreme Court of Connecticut · 1933
  4. De Almada v. Sovereign Camp of the Woodmen of the WorldArizona Supreme Court · 1937
  5. Lamar v. Ætna Life Ins.Court of Appeals for the Tenth Circuit · 1936

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